By: West S.B. No. 130
A BILL TO BE ENTITLED
AN ACT
1-1 relating to creating the offense of transferring a handgun to a
1-2 person who is the subject of a protective order and including in
1-3 the law enforcement information system maintained by the Department
1-4 of Public Safety information relating to protective orders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (a) and (b), Section 46.06, Penal
1-7 Code, are amended to read as follows:
1-8 (a) A person commits an offense if the person <he>:
1-9 (1) sells, rents, leases, loans, or gives a handgun to
1-10 any person knowing that the person to whom the handgun is to be
1-11 delivered intends to use it unlawfully or in the commission of an
1-12 unlawful act;
1-13 (2) intentionally or knowingly sells, rents, leases,
1-14 or gives or offers to sell, rent, lease, or give to any child
1-15 younger than 18 years any firearm, club, or illegal knife;
1-16 (3) intentionally, knowingly, or recklessly sells a
1-17 firearm or ammunition for a firearm to any person who is
1-18 intoxicated; <or>
1-19 (4) knowingly sells a firearm or ammunition for a
1-20 firearm to any person who has been convicted of a felony before the
1-21 fifth anniversary of the later of the following dates:
1-22 (A) the person's release from confinement
1-23 following conviction of the felony; or
1-24 (B) the person's release from supervision under
2-1 community supervision, parole, or mandatory supervision following
2-2 conviction of the felony; or
2-3 (5) sells, rents, leases, loans, or gives a handgun to
2-4 any person knowing that an active protective order is directed to
2-5 the person to whom the handgun is to be delivered.
2-6 (b) In <For purposes of> this section:
2-7 (1) "Intoxicated"<, "intoxicated"> means substantial
2-8 impairment of mental or physical capacity resulting from
2-9 introduction of any substance into the body.
2-10 (2) "Active protective order" means a protective order
2-11 issued under Chapter 71, Family Code, that is in effect. The term
2-12 does not include a temporary protective order issued before the
2-13 court holds a hearing on the matter.
2-14 SECTION 2. Subsection (b), Section 411.042, Government Code,
2-15 is amended to read as follows:
2-16 (b) The bureau of identification and records shall:
2-17 (1) procure and file for record photographs, pictures,
2-18 descriptions, fingerprints, measurements, and other pertinent
2-19 information of all persons arrested for or charged with a criminal
2-20 offense or convicted of a criminal offense, regardless of whether
2-21 the conviction is probated;
2-22 (2) collect information concerning the number and
2-23 nature of offenses reported or known to have been committed in the
2-24 state and the legal steps taken in connection with the offenses,
2-25 and other information useful in the study of crime and the
2-26 administration of justice, including a statistical breakdown of
2-27 those offenses in which family violence was involved;
3-1 (3) make ballistic tests of bullets and firearms and
3-2 chemical analyses of bloodstains, cloth, materials, and other
3-3 substances for law enforcement officers of the state; <and>
3-4 (4) cooperate with identification and crime records
3-5 bureaus in other states and the United States Department of
3-6 Justice; and
3-7 (5) collect information concerning the number and
3-8 nature of protective orders and all other pertinent information
3-9 about all persons on active protective orders. Information in the
3-10 law enforcement information system relating to an active protective
3-11 order shall include:
3-12 (A) the name, sex, race, date of birth, personal
3-13 descriptors, address, and county of residence of the person to whom
3-14 the order is directed;
3-15 (B) any known identifying number of the person
3-16 to whom the order is directed, including the person's social
3-17 security number or driver's license number;
3-18 (C) the name and county of residence of the
3-19 person protected by the order;
3-20 (D) the residence address and place of
3-21 employment or business of the person protected by the order, unless
3-22 that information is excluded from the order under Section 71.111,
3-23 Family Code;
3-24 (E) the child-care facility or school where a
3-25 child protected by the order normally resides or which the child
3-26 normally attends, unless that information is excluded from the
3-27 order under Section 71.111, Family Code;
4-1 (F) the relationship or former relationship
4-2 between the person who is protected by the order and the person to
4-3 whom the order is directed; and
4-4 (G) the date the order expires.
4-5 SECTION 3. Subsection (g), Section 411.042, Government Code,
4-6 is amended to read as follows:
4-7 (g) The department may adopt reasonable rules under this
4-8 section relating to:
4-9 (1) law enforcement information systems maintained by
4-10 the department;
4-11 (2) the collection, maintenance, and correction of
4-12 records; <and>
4-13 (3) reports of criminal history information submitted
4-14 to the department; and
4-15 (4) active protective orders issued under Chapter 71,
4-16 Family Code, and reporting procedures that ensure that information
4-17 relating to the issuance of an active protective order and to the
4-18 dismissal of an active protective order is reported to the local
4-19 law enforcement agency at the time of the order's issuance or
4-20 dismissal and entered by the local law enforcement agency in the
4-21 state's law enforcement information system.
4-22 SECTION 4. Subsection (b), Section 71.17, Family Code, is
4-23 amended to read as follows:
4-24 (b) The clerk of the court issuing an original or modified
4-25 protective order under this chapter shall send a copy of the order
4-26 to:
4-27 (1) the Department of Public Safety on the date the
5-1 order is issued; and
5-2 (2) the chief of police of the city where the member
5-3 of the family or household protected by the order resides, if the
5-4 person resides in a city, or to the sheriff of the county where the
5-5 person resides, if the person does not reside in a city.
5-6 SECTION 5. Section 71.18, Family Code, is amended by adding
5-7 Subsection (c) to read as follows:
5-8 (c) On receipt of a request for law enforcement information
5-9 system record check of a prospective transferee by a licensed
5-10 firearms dealer under the Brady Handgun Violence Prevention Act, 18
5-11 U.S.C. Section 922, the chief law enforcement officer shall
5-12 determine whether the Department of Public Safety has in the
5-13 department's law enforcement information system a record indicating
5-14 the existence of an active protective order directed to the
5-15 prospective transferee. If the department's law enforcement
5-16 information system indicates the existence of an active protective
5-17 order directed to the prospective transferee, the chief law
5-18 enforcement officer shall immediately advise the dealer that the
5-19 transfer is prohibited.
5-20 SECTION 6. The Department of Public Safety shall establish
5-21 the rules and procedures necessary to comply with Section 411.042,
5-22 Government Code, as amended by this Act, not later than January 1,
5-23 1996.
5-24 SECTION 7. (a) The change in law made by Section 1 of this
5-25 Act to Section 46.06, Penal Code, applies only to an offense
5-26 committed on or after January 1, 1996. For purposes of this
5-27 section, an offense is committed before January 1, 1996, if any
6-1 element of the offense occurs before that date.
6-2 (b) An offense committed before January 1, 1996, is covered
6-3 by the law in effect when the offense was committed, and the former
6-4 law is continued in effect for this purpose.
6-5 SECTION 8. The change in law made by Section 5 of this Act
6-6 to Section 71.18, Family Code, applies only to a request for a law
6-7 enforcement information system record check made on or after
6-8 January 1, 1996. A request for a law enforcement information
6-9 system record check made before January 1, 1996, is covered by the
6-10 law in effect when the request was made, and the former law is
6-11 continued in effect for this purpose.
6-12 SECTION 9. (a) Except as provided by Subsection (b) of this
6-13 section, this Act takes effect September 1, 1995.
6-14 (b) Sections 1 and 5 of this Act take effect January 1,
6-15 1996.
6-16 SECTION 10. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended.